Timothy Pena v. New York City Department of Homeless Services, et al.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TIMOTHY PENA, Plaintiff, 1:25-CV-7506 (LTS) -against- ORDER OF DISMISSAL NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES, et al., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated September 12, 2025, the Court directed Plaintiff, within 30 days, to resubmit a signed signature page for his request to proceed in forma pauperis (“IFP” or “IFP application”), submit another IFP application, or pay the $405.00 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of this action. Plaintiff has not resubmitted the signature page for his IFP application with his signature, filed another IFP application, or paid the fees. Accordingly, the Court dismisses this action without prejudice. See 28 U.S.C. §§ 1914, 1915; Fed. R. Civ. P. 11(a).

The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

The Court directs the Clerk of Court to enter a judgment dismissing this action for the reason set forth in this order.

SO ORDERED.

Dated: November 18, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge